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(영문) 수원지방법원 2014.05.22 2014고정263

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[2014 fixed-term 263] No one shall distribute information with a content that arouses fears or apprehensions through an information and communications network to reach other persons repeatedly.

Nevertheless, the defendant prosecuted the victim C who became aware of through the defendant's pro-dong B as "I am b where the victim C does not have a school accident," but there is no evidence to acknowledge it, and without any changes in the indictment, the part concerning the above facts should be deleted.

On August 7, 2013, at around 14:22, the Defendant’s cell phone (D) sent a text message to the victim’s cell phone (E) that “B” was “B, at E, the victim’s cell phone,” and then sent a text message with a total of 37 times as shown in [Attachment 1] Crimes List, from August 17, 2013.

Accordingly, the Defendant repeatedly reached the victim with the language that arouses fear or apprehension through the information and communications network.

[2014 high-level 658] No one shall repeatedly reach another person through an information and communications network with signs, words, sound, images, or videos that arouse fears fear or apprehensions. However, the Defendant: (a) thought that the victim C had set up a paint on the Defendant’s home and his/her-friendly B car; and (b) sent a text message using a cell phone used by himself/herself on October 9, 2013 to the victim’s cell phone, including sending a text message with the content that “honing from the end of the earth,” “honing from the end of the earth,” and then sent it to the victim at least 13 times in total, as shown in the attached Table 2, from that time.

Accordingly, the Defendant repeatedly reached the victim with the language that arouses fear or apprehension through the information and communications network.

(i) the evidence;